Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    This week at the ninth: Schedules and informants
    2021-10-22

    This week, the Ninth Circuit explains the ins-and-outs of property abandonment under the Bankruptcy Code, and explores the government’s privilege to withhold the identity of informants in discovery.

    IN RE STEVENS

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Fair Labor Standards Act 1938 (USA), Ninth Circuit
    Authors:
    Adam L. Sorensen , Lena H. Hughes
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Asset recovery roundtable: Post-pandemic trends in offshore markets
    2021-08-24

    Last month, leading litigation funder and asset management firm Burford posed questions on major legal developments in the offshore markets over the past 18 months and economic trends that will play out in the markets post-pandemic to leading litigators, insolvency practitioners and financial professionals in the region.

    Filed under:
    USA, Arbitration & ADR, Employment & Labor, Insolvency & Restructuring, Litigation, Walkers, Fair Labor Standards Act 1938 (USA), Supreme Court of the United States
    Location:
    USA
    Firm:
    Walkers
    Whoomp! (Where’d It Go?): Disappearing Assets in Bankruptcy
    2021-08-08

    In a recent post, I discussed three situations in which a debtor in bankruptcy might find itself dispossessed of assets that appeared to be property of the bankruptcy estate. This article expands on that general idea and presents a compendium of situations in which creditors or circumstances may deprive a debtor of assets or their value.

    Editor’s Note:  this is likely not an asset upon which you should base your reorganization – see below.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, BCLP, Power of attorney, Fair Labor Standards Act 1938 (USA)
    Location:
    USA
    Firm:
    BCLP
    Doing business in the United States 2021
    2021-01-15

    Doing business in the United States

    2021

    2

    Hogan Lovells

    Doing business in the United States 2021

    3

    Contents

    Introduction1

    I.Openness of U.S. markets to foreign investment

    2

    II.Direct or indirect market entry and choice of entity

    8

    III. Commercial contracting

    20

    IV.Labor and employment law considerations

    26

    V.Immigration laws

    34

    VI.Intellectual property laws

    40

    VII. Export control and economic sanction laws

    46

    VIII. U.S. antitrust laws

    56

    Filed under:
    USA, Capital Markets, Company & Commercial, Competition & Antitrust, Copyrights, Corporate Finance/M&A, Designs and trade secrets, Employment & Labor, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Patents, Trade & Customs, Trademarks, White Collar Crime, Hogan Lovells, Medicare, Bribery, Corporate governance, Money laundering, Sexual harassment, H-1B visa, Due diligence, Non-disclosure agreement, Cybersecurity, Coronavirus, Personal protective equipment, Internal Revenue Service (USA), US Securities and Exchange Commission, Federal Trade Commission (USA), Equal Employment Opportunity Commission (USA), US Department of Justice, Office of Foreign Assets Control (USA), USPTO, US Department of Labor, National Labor Relations Board (USA), Financial Crimes Enforcement Network (USA), US International Trade Commission, Office of Federal Contract Compliance Programs (USA), Microsoft, Committee on Foreign Investment in the United States, Family and Medical Leave Act 1993 (USA), Fair Labor Standards Act 1938 (USA), Americans with Disabilities Act 1990 (USA), Foreign Corrupt Practices Act 1977 (USA), Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), USMCA, CARES Act 2020 (USA)
    Location:
    USA
    Firm:
    Hogan Lovells
    An Intro to Bankruptcy for the C-Suite
    2020-07-06

    As a corporate officer or director, the only way to take a bad situation like bankruptcy and make it worse is to be confronted with personal liability for the company’s debts, when you could have taken simple steps to position yourself better. Senior management must pay close attention to specific responsibilities and the resulting potential for liability when insolvency is on the horizon. This is especially important during the COVID-19 pandemic when bankruptcies are on the rise.

    Hoard Cash

    Filed under:
    USA, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Taft Stettinius & Hollister LLP, Board of directors, Coronavirus, Fair Labor Standards Act 1938 (USA)
    Authors:
    Michael P. O'Neil
    Location:
    USA
    Firm:
    Taft Stettinius & Hollister LLP
    Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?
    2020-06-01

    Seyfarth Synopsis: In acquiring a company in bankruptcy, there is often a tendency to think this guarantees the purchaser will be “free and clear” of any liability (including so-called “successor liability”). This is not necessarily so with wage and hour liability, particularly if the purchaser merely continues to operate virtually the same business that was acquired.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Seyfarth Shaw LLP, General contractor, Due diligence, Coronavirus, Fair Labor Standards Act 1938 (USA), Title 11 of the US Code
    Authors:
    John G. Yslas , Phillip J. Ebsworth
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    COVID-19 Entertainment Update: Silver Linings Playbook for Entertainment Companies
    2020-03-27

    The global coronavirus (COVID-19) crisis continues to have a devastating impact across all segments of the entertainment industry.

    Filed under:
    USA, Corporate Finance/M&A, Employee Benefits & Pensions, Insolvency & Restructuring, Media & Entertainment, Skadden Arps Slate Meagher & Flom LLP, Private equity, Force majeure, Coronavirus, Family and Medical Leave Act 1993 (USA), Fair Labor Standards Act 1938 (USA), Families First Coronavirus Response Act 2020 (USA)
    Authors:
    Karen L. Corman , Van C. Durrer II , David C. Eisman
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Establishing Judicial Estoppel Defense Against Bankruptcy Plaintiff Just Became Harder
    2020-01-21

    Establishing the judicial estoppel defense against a bankrupt plaintiff will be harder in the Eleventh Circuit following Smith v. Haynes & Haynes P.C., 940 F.3d 635 (11th Cir. 2019).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Jackson Lewis PC, Fair Labor Standards Act 1938 (USA), Eleventh Circuit
    Authors:
    Madonna M. Snowden
    Location:
    USA
    Firm:
    Jackson Lewis PC
    Sanjel (USA) Inc. - Chapter 15 creditors may challenge reach of stay in recognition order
    2016-10-24

    A recent decision by the United States Bankruptcy Court for the Western District of Texas in In re Sanjel (USA) Inc.,et al., Case No. 16-50778-CAG (Bankr. W.D. Tex. July 29, 2016) explains that in a Chapter 15 case, the U.S. bankruptcy court will not always apply the law of the foreign jurisdiction to U.S. creditors and U.S.-based claims.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Debtor, Statute of limitations, Fair Labor Standards Act 1938 (USA), United States bankruptcy court
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Bankruptcy sales and successor liability: beware of attacks on so-called “free and clear” sales
    2013-06-20

    Buyers of assets through the bankruptcy court process seek comfort and solace in the entry of a sale order providing for the transfer of assets “free and clear” of all liabilities. Except for those liabilities expressly assumed by the buyer and new owner, the bankruptcy court order typically includes exacting and precise language transferring those assets, under the imprimatur of the United States Bankruptcy Court, free and clear of all liabilities.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Liability (financial accounting), Fair Labor Standards Act 1938 (USA), Title 11 of the US Code, United States bankruptcy court, Seventh Circuit
    Authors:
    Alexander M. Laughlin , John T. Farnum
    Location:
    USA
    Firm:
    Wiley Rein LLP

    Pagination

    • Current page 1
    • Page 2
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days